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   State Courts - District of Columbia - July 21 - July 22, 2005

  
Hilliard v. United States, No. 04-CO-459, DISTRICT OF COLUMBIA COURT OF APPEALS, July 21, 2005, Decided
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Overview: Trial court erred in denying the inmate's motion to set aside a guilty plea pursuant to D.C. Code § 23-110 without a hearing as the inmate could have established facts warranting relief and the inmate's allegations were neither vague and conclusory nor palpably incredible.

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In re Burnett, No. 04-BG-1476, BDN 105-01, 150-02, & 247-02, DISTRICT OF COLUMBIA COURT OF APPEALS, July 21, 2005, Decided
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Overview: Appellate court ordered attorney to be suspended for 30 days with his reinstatement conditioned on both his responding to inquiries of Bar Counsel in pending disciplinary investigations and his demonstrating fitness to practice law; his failure to respond violated D.C. R. Prof. Conduct 8.1 and 8.4(d) and D.C. Bar R. XI, § 2(b)(3).

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In re Estate of Sato v. Castro, No. 04-PR-267, DISTRICT OF COLUMBIA COURT OF APPEALS, July 21, 2005, Decided
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Overview: Court properly determined that husband, as personal representative of his wife's estate, did not satisfy terms of D.C. Code Ann. § 20-905(a), which required timely notice of claim to Register of Wills, when he made payment to himself for debt that he claimed against estate because he did not file with Register of Wills formal claim against estate.

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In re G.E., No. 04-FS-1596, DEL-1760-04, DISTRICT OF COLUMBIA COURT OF APPEALS, July 21, 2005, Decided
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Overview: Trial court properly granted defendant's motion to suppress statements; defendant's rights were violated when a police officer initiated further interrogation after defendant invoked his Fifth Amendment right to counsel as the officer's action of asking defendant if he was sure he did not want to answer questions constituted interrogation.

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In re Howard, No. 04-BG-430, BDN 175-04, DISTRICT OF COLUMBIA COURT OF APPEALS, July 21, 2005, Decided
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In re Parshall, No. 02-BG-430, DISTRICT OF COLUMBIA COURT OF APPEALS, July 21, 2005, Decided
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Overview: Pursuant to D.C. Bar R. XI, § 9(g)(2), the District of Columbia Court of Appeals gave great deference to the recommendation of the Board on Professional Responsibility and ordered that an attorney be suspended from the practice of law in the District of Columbia for 18 months.

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In re Ty.B, Nos. 01-FS-1307 and 01-FS-1320, DISTRICT OF COLUMBIA COURT OF APPEALS, July 21, 2005, Decided
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Overview: Much of testimony regarding abuse of children's mother by father was inadmissible. Error was not harmless because it was her out-of-court statements to children's maternal aunts that contained prosecution's case that father abused her. Thus, adjudication of neglect under D.C. Code Ann. § 16-2301(9)(B) (2001) based on domestic violence was reversed.

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Robinson v. United States, No. 02-CF-320, DISTRICT OF COLUMBIA COURT OF APPEALS, July 21, 2005, Decided
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Overview: Under U.S. Const. amends. V and XIV, defendant's conviction was reversed because (1) he made prima facie showing that prosecutor unconstitutionally exercised peremptory challenges against six jurors because they were black and female; and (2) failure to conduct prompt Batson hearing could not be rectified by conducting hearing several years later.

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United States v. Graves, Case No. F 1812-82, F 4914-81, SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, CRIMINAL DIVISION - SPECIAL PROCEEDINGS BRANCH, July 22, 2005, Decided
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